JAN j 6 2010 - United States District Court

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Bankruptcy Court. Adopted effective April 15, 1996. Amended effective April 15, 1999; April 15, 2007. Comments (1996) This new Local Rule specifies the proper Court for filing motions for withdrawal of reference. By stating all motions to withdraw reference in the same case or proceeding are "similar" and, therefore, require the parties to comply with Local Rule 3.8, the District Court can consolidate these related motions to eliminate the possibility of conflicting orders from different Judges addressing the same issue. The second paragraph has been added because it is critical that the Bankruptcy Court be promptly advised of whether the reference has been withdrawn in whole or in part, since adversary proceedings and cases are not stayed by the filing of a motion to withdraw the reference. (1999) Amended to reflect renumbered Local Bankruptcy Rules effective December 1, 1998. Rule 87.4 Bankruptcy Appeals Bankruptcy appeals to the District Court are governed by the Federal Rules of Bankruptcy Procedure, particularly Rules 8001 through 8020, and the Local Rules of the Bankruptcy Court. As is authorized by Federal Rule of Bankruptcy Procedure 8018, those rules are supplemented as follows: ft-r(a) Assignment. Appeals from orders or judgments entered by the Bankruptcy Court shall generally be assigned in accordance with Local Rule 3.4. Appeals from orders in a bankruptcy case or proceeding in which appeals have been taken from prior orders in the same case or proceeding shall be regarded as similar actions and proceedings under Local Rule 3.8 and it will be the continuing obligation of the Clerk of the District Court and the attorneys of record to comply with Local Rule 3.8. &^-(b) Limited Authority of Bankruptcy Court to Dismiss Appeals Prior to Transmittal of Record to District Court. The Bankruptcy Court is authorized and directed to dismiss an appeal for (1) appellant's failure to pay the prescribed filing fees; (2) failure to comply with the time limitations specified in Federal Rule of Bankruptcy Procedure 8002; and (3) appellant's failure to file a designation of the items for the record or copies thereof or a statement of the issues as required by Federal Rule of Bankruptcy Procedure 8006, and Local Bankruptcy Rule 8006-1. The Bankruptcy Court is further authorized and directed to hear, under Federal Rule of Bankruptcy Procedure 9006(b), motions to extend the foregoing deadlines and to consolidate appeals which present similar issues from a common record. Bankruptcy Court orders entered under this subsection may be reviewed by the District Court on motion filed in the District Court within teB-fourteen (14) days after entry of the order sought to be reviewed pursuant to aubsection €(c) of this Local Rule. 68
Motions for Stay and Other Intermediate Requests for Relief. Motions for stay pending appeal pursuant to Federal Rule of Bankruptcy Procedure 8005, motions to review Bankruptcy Court orders entered under Federal Rule of Bankruptcy Procedure 9006(b), and other motions requesting intermediate relief as set forth in Federal Rule of Bankruptcy Procedure 8007(c), shall be accepted for filing in the District Court and shall be assigned a miscellaneous memo case number which will apply only to the motion. No filing fee shall be charged in the District Court. The Clerk of the District Court shall immediately notify the Clerk of the Bankruptcy Court of the assigned case number and Judge. When the record on appeal is transmitted it will be assigned a new case number but will be assigned to the same Judge who considered the motion. The movant shall provide copies of any relevant portions of the Bankruptcy Court record necessary for the District Court to rule on the motion. It shall be the duty of the Clerk of the District Court to immediately transmit a copy of the order ruling on said motion to the Clerk of the Bankruptcy Court. Local Rule 7.1 shall apply to motions for stay and other motions seeking intermediate appellate relief from the District Court. &^-(d) Motions for Leave to Appeal. A motion for leave to appeal shall be filed in the Bankruptcy Court pursuant to Local Bankruptcy Rule 8003-1. Upon transmittal of the motion and related documents to the District Court the matter shall be assigned in the same manner as other miscellaneous motions described in subsection €(c) above—of this Local Rule. Upon disposition of the motion, the Clerk of the District Court shall immediately transmit a copy of the District Court order to the Clerk of the Bankruptcy Court. If the motion is granted the Clerk of the Bankruptcy Court will proceed to prepare and transmit the record on appeal. A new District Court case number will be assigned to the appeal but it will be assigned to the same Judge who granted the motion for leave to appeal. &r(e) Briefs. j^-(l) Briefing Schedule. The briefing schedule specified by Federal Rule of Bankruptcy Procedure 8009 may be altered only by order of the District Court. If the Clerk of the District Court does not receive appellant's brief within the time specified by Federal Rule of Bankruptcy Procedure 8009, and there is no motion for extension of time pending, the Clerk of the District Court shall furnish to the Judge to whom the appeal is assigned a proposed order for dismissal of the appeal. a^(2) Length of Briefs. Absent prior permission from the District Court, the appellant's initial or principal briefs and the appellee's response or principal brief shall not exceed twenty-five (25) pages in length, and appellant's reply briefs, if any, shall not exceed fifteen (15) pages. F-_(f) oral Argument. Any party requesting oral argument shall make the request within the body of the principal or reply brief, not by separate motion. The setting of oral argument is within the discretion of the 69
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United States District Court Southe
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Administrative Order 94-51, In Re A
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e disclosed to the Clerk of the Cou
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Authority (1993) Former Local Rules
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compliance with the CM/ECF Administ
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Re: Repeal of Local Rule 5.2.D and
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and Court filings are matters of pu
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supplanting original electronic fil
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filed pursuant to Supplemental Rule
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Counsel for the intervening party s
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equired by Local Admiralty Rule B(5
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43-HC) Execution of Process. The ar
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Any order issued pursuant to this s
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(2) Involuntary Dismissal. If the C
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the "Request for Confirmation of Sa
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A concern was expressed about the p
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Publication of the Notice. Immediat
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Defendant. PROCESS OF ATTACHMENT
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Defendant. WARRANT FOR ARREST IN R
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(4) The vessel is currently berthed
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Attorney Name (Bar Number Typed Nam
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the Court to enter an Order directi
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THEREFORE, in light of the facts pr
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located and to be found at and desc
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Defendant. AFFIDAVIT (Foreign Attac
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B^-(B) Motions for judgment on the
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Effective Dec. 1, 1994; amended eff
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States Code, Section 636(b)(1)(B).
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) Plaintiff,) ) vs.) ) Defendant.)
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Rule 3. Retention of Membership in
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j— (i) Referral. Any District Jud
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Effective Dec. 1, 1994. Amended eff
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cause for such withdrawal is furnis
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Comments (1996) Section A. and B.2.
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Jurisdiction and Powers. (1) The Co
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Court shall issue an order requirin
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jfc-r (1) the procedure in that oth
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If after meeting with the attorney
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the reinstatement proceeding. Effec
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JAN j 6 2010 - United States District Court

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